Categories
Terms of Use
1. Using this website Means You Agree to These Terms.
Please read these Terms of Use. By using this website you accept these Terms of Use. These are an agreement between you and TumbiMowers.com.au and govern your use of this website.
2. Explanation
These Terms of Use restrict your rights and remedies and provide protection
to TumbiMowers.com.au. These also include warranty disclaimers and disclaimers
of liability that are in all capital letters. If you don’t agree or don’t
want to accept these Terms of Use, you can elect not to access this website
and not to buy from TumbiMowers.com.au. If anything is in these Terms of
Use, including the warranty and liability disclaimers, that you disagree with
or are not willing to be bound by, or if something is missing from these Terms
of Use that you consider essential, then regretfully, you must not use this
website.
3. Access and Use of Site
TumbiMowers.com.au lets you visit this website for your own use. You must
not download or attempt to modify anything in this website and not interrupt
or attempt to interrupt the operation of the website. You must not use this
website for any unlawful purpose. You must not reproduce, duplicate, copy, sell,
resell, display, or otherwise use all or any portion of this website for any
commercial purpose. You must not link this website to any other site without
our prior written consent.
4. Your Account
You are responsible to maintain the confidentiality of your account and password
and to restrict access to your computer, and you accept responsibility for all
activities that occur under your account or password.
5. Discretion to Provide or Cancel Service
TumbiMowers.com.au reserves the right to refuse service, terminate accounts,
remove or edit content, or cancel orders at our sole discretion.
6. Product Descriptions
TumbiMowers attempts to be accurate in product descriptions. However, we
do not warrant that product descriptions or other content of this website is
accurate, complete, reliable, current, or error-free. If a product offered is
not as described, your sole remedy is to return it to us in the same condition
as you received it from us.
7. Other Businesses
On the occassion that we provide links to sites of other businesses. We are
not responsible for examining or evaluating, and we do not warrant the offerings
of any of those businesses or the content of their websites. We do not assume
responsibility or liability for the actions, product, and content of any third
parties. You should carefully review their privacy statements and their terms
of use.
8. Risk of Loss
All items purchased from TumbiMowers.com.au are sent to you pursuant to
a shipment contract. This means the risk of loss and title for items passes
to you on our delivery to the carrier.
9. Warranty and Disclaimers
This website and its contents and all products offered or sold through this
website are provided on an as is basis, with all faults, without warranty of
any kind unless specifically noted, express or implied, as to any aspect of
this website or the product, or their contents, accuracy, completeness, reliability,
functionality or usefulness for any general or specific purpose.This website
may contain inaccuracies, typographic and other errors. We disclaim any respresentation
or warranty that servers used or email sent from TumbiMowers.com.au are
free of viruses or other harmful components. We do not warrant that the website
of any product will meet your requirements or will operate or function without
interruption or be error free or free of defects. As stated above we disclaim
all warranties of merchantability and fitness for a particular purpose and all
other warranties. We disclain any representation or warranty regarding quality
of services or products obtained or identified on this website, and any other
aspect of services or products available through this website.
10. Liability Disclaimers
Neither Browatman Pty Ltd (registered domain name TumbiMowers.com.au) nor
any of our shareholders, directors, officers, employees or other representatives,
nor our advertisers, suppliers, independant contractors or affiliates, will
be liable for injury, loss or damages of any kind arising from use of this website,
including, but not limited to direct, indirect, incidental, punitive, and consequential
damages, arising directly or indirectly from or in connection with or related
to the use of this website or by any negligent acts or omissions.
11. Broad Disclaimer and Limitation
The prior section (section 10) is a broad, comprehensive disclaimer and limitation
of liability that applies to all injuries, losses and damages or any kind whatsoever,
including, by way of example, compensatory, direct, indirect, or consequential
damages, loss of data, income or profit, loss of or damage to property, interruption
to business or household or claims of third parties. This provision is for the
benefit not only of Browatman Pty Ltd but also of each of the other categories
of persons mentioned.
12. Privacy and Personal Information
We have a separate privacy policy. You can access our privacy policy by clicking
on the Privacy Policy link on the left hand side of this page. Any personally
identifiable information you may provide via this website is covered by the
Privacy Policy.
13. You May Receive Mail and E-Mail
By using the website you consent to receive email from us. We will communicate
with you by e-mail or by posting notices on this site. You agree that all agreements,
notices, disclosures and other communications that we provide to you electronically
satisfy any legal requirement that such communications be in writing.
14. Indemnification
By using the website you agree to indemnify, defend, and hold harmless Browatman
Pty Ltd and its shareholders, directors, officers, employees, advertisers, suppliers,
independent contractors, subsidiaries and affiliates from and against any and
all liability and costs (including solicitors fees and costs) incurred by any
or all of them relating to any claim arising out of your breach of these Terms
of Use. This provision is to benefit not only Dirty Weekend International Pty
Ltd but also each of the indemnified persons, and each of them has the right
to enforce this provision. You agree to cooperate in the defense of any claims.
15. Copyright
The contents of this website are the property solely of TumbiMowers.com.au
or our content suppliers and are protected by copyright laws. This includes
all website designs, text, graphics, interfaces, selection and arrangements,
and all software. We reserve all rights under copyright laws and all other laws.
We prohibit any other use of materials on this website, such as copying for
any other purpose, modification, distribution, public performance or republication,
without our prior written consent.
16. Trademarks
Browatman Pty Ltd and all titles, names, graphics and icons are service marks,
trademarks, or trade dress of Browatman Pty Ltd. Our trademarks may not be used
with any product or service not offered by TumbiMowers.com.au or in any
manner that may confuse customers, vendors, or others, or that may falsely harm
our reputation. Other trademarks, product names, company names or logos in or
produced as a result of a search in this website are property of their respective
owners.
17. Understanding and Interpreting These Terms of Use
The headings in these Terms of Use are just for convenience to make these easier
to use. Headings arent allowed to be used to interpret these Terms of Use. These
Terms of Use are to be interpreted according to their fair meanings, and not
strictly in favor of or strictly against either you or us.
18. International Users
This website is controlled, operated and administered by TumbiMowers.com.au
from offices within Australia. We make no representation that materials at this
site are appropriate or available for use outside Australia and access to them
from territories, states or countries where viewing this website or purchasing
items from this website is illegal is prohibited. You must not use the website
or export any products purchased through this website in violation of Australian
export laws and regulations.
19. Disputes
Browatman Pty Ltd is located and operates in New South Wales. You access this
service by visiting our website. By visiting TumbiMowers, you agree that
the laws of Australia, without regard to principles of conflict of laws, will
govern these Terms of Use and any dispute of any sort that may arise between
you and TumbiMowers.com.au. If we ever have a dispute about any matter,
you agree that jurisdiction to bring the dispute will be exclusively in the
Courts of New South Wales, Australia.
20. Time Limit to Make a Claim
The time limit for any claim you wish to make against us is the shorter of whatever
time limit the law by itself would allow, or until one year after the claim
arises, and if not brought within the shorter of these times, the claim is barred.
21. Who This Agreement Benefits and Binds
These Terms of Use benefit and bind you and us, and also benefits the people
described in the Limitations of Liability and Warranty Disclaimers paragraphs
and the indemnification paragraph. It is not intended to benefit or bind anyone
else.
22. Non-Waiver
Our failure to insist on strict performance of any provision of these Terms
of Use does not mean we waive that provision in the future.
23. Yours and Our Entire Agreement
These Terms of Use are our entire agreement about your use of the website.
24. We Can Change These Terms
We may change these Terms of Use, at any time, without notice. Any change is
effective when we post the change on this website. Your use of the website after
any change means you accept the changes. If you dont agree or are dissatisfied
with a change we make, your only right is to stop using the website. We encourage
you to check these Terms of Use frequently to remind yourself of their contents
and to be aware of any changes.
25. Severability
If any of these provisions is found to be invalid, void, or for any reason unenforceable,
that condition will be deemed to be severed and will not affect the validity
and enforceability of any remaining provisions.
26. Contacting Us
This website and the related functions, facilities and services are operated
and maintained by Browatman Pty Ltd, at the URL: http://www.TumbiMowers.com.au.
Our office postal address is: Suite 7, 40 Karalta Road ERINA NSW 2250, Australia.
Any formal notice must be sent to us at this address by registered mail, return
receipt requested.
27. Additional Information Required by Law